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Keywords

statutemotionwillvisacitizenshipdeportation
statutetrialmotionsummary judgmentwillvisadeportationnaturalization

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Tittjung v. Reno

Facts

Anton Tittjung, born in Yugoslavia, served in the Waffen SS during World War II, specifically as an armed guard at the Mauthausen concentration camp. He applied for and obtained a visa to enter the United States in 1952, concealing his wartime activities. In 1989, the government sought to revoke his citizenship based on his service as a concentration camp guard, which was found to be a basis for deportation under the Holtzman Amendment. The Immigration Court ordered his deportation, which was affirmed by the BIA.

Tittjung was born in Erdud, Yugoslavia (now part of the Republic of Croatia) on November 17, 1924. He joined the Waffen SS, an organization of the Nazi government of Germany, in October 1942 and remained in the Waffen SS until the conclusion of World War II in 1945. Tittjung was a member of the SS Totenkopf-Sturmbann (Death's Head Battalion), a collection of units with primary responsibility for guarding concentration camps and implementing the Nazi policy of persecuting Jews and other targeted groups.

Issue

Whether the BIA's decision was erroneous for failing to address the requirement that the Government prove fraud or willful misrepresentation to procure a visa, and whether Tittjung's deportation should be deferred for humanitarian reasons.

The only issues that Tittjung presented to the BIA in his motion for reconsideration are: (1) whether the BIA's decision was erroneous in that it failed to address that the deportation statute requires that the Government prove Tittjung's fraud or willful misrepresentation of a material fact to procure a visa, which the Government failed to do; and (2) whether Tittjung's deportation should be deferred or suspended for humanitarian reasons.

Rule

The Holtzman Amendment mandates the deportation of any alien who assisted in the persecution of persons because of race, religion, national origin, or political opinion under the direction of the Nazi government.

Simply put, the Holtzman Amendment does not contain a fraud element. Misrepresentation is not a requirement for deportation under that act. The act mandates deportation of any alien who: 'during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with [the Nazi government of Germany and governments allied with or controlled by it] ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion . . . .' 8 U.S.C. 1182(a)(3)(E); 8 U.S.C. 1227(a)(4)(D).

Analysis

The court applied the Holtzman Amendment to Tittjung's case, establishing that his service as an armed SS guard at a concentration camp constituted participation in persecution. The court noted that misrepresentation is not a requirement for deportation under the Holtzman Amendment, and thus the BIA was correct in affirming Tittjung's deportation without addressing the misrepresentation claim. The court emphasized that Tittjung's actions fell squarely within the grounds for deportation outlined in the statute.

In this case, the Immigration Court and the BIA never reached the issue of misrepresentation because, having found Tittjung deportable on an assistance in persecution theory under the Holtzman Amendment, they declined to reach and adjudicate alternative grounds. Tittjung's service as an armed SS Death's Head Battalion concentration camp guard was conclusively established in the denaturalization trial. 3 United States v. Tittjung, 753 F. Supp. 251, 253 (E.D. Wis. 1990). That fact having been established, the BIA was entirely correct in affirming his deportation, as this Court has consistently held that Nazi concentration camp guards assisted in persecution within the meaning of the Holtzman Amendment.

Conclusion

The court affirmed the BIA's denial of Tittjung's motion for reconsideration, concluding that he was correctly deemed deportable due to his service as an armed SS guard.

For the reasons stated above, we AFFIRM the BIA's denial of Tittjung's motion for reconsideration.

Who won?

The government prevailed in the case, as the court upheld the BIA's decision to deny Tittjung's motion for reconsideration and affirmed his deportation based on his wartime service.

The Government moved for summary judgment and an order of deportation, based upon the application of the doctrine of collateral estoppel to facts–in particular, Tittjung's wartime service as an armed concentration camp guard–established in the denaturalization trial.

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